The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-28

| the dead body.
Odd you not say before the Com
missioner that be laid right down Oh
the dead body, stroked his head and
cried. A.-Don't think 1 did. he
went up to the body; he made some
kind of noise; don't know that he cried j.;
Mat. Evans came in in about twenty
minutes after the shooting; denied say
ing before the Commissioner that mao
came in within two minutes after
Either went out.
District Attorney Clark appeared in
the case Thursday morning.
Yesterday morning. Thursday 9th,
the witness. James Donahue, was
brought out of Jail and again took the
witness stand for further cross-e1am-
inshon.
The quarrel we (Ethier and myself)
had, in the saloon that day thought
was Just foolishness.
AE CALLED NE A DAMNED BASTARD.
1 don't remember saying anything to
him; said Hello, you old of b.,
you" Vine he first came in be said
Hello, you old bastard" 1t was later
when he said damned bastard; said
yesterday that 1 called him G. d
s. of b.; he was probably angry; l
was just ioshing; am sure Flaherty was
there at the CABIN when Bert went f. r
the whisky.
Q.-Who told you the pistol Bert
Ether had had some loads in it? A.
l don't remember who it was; | die not
swesr before the Comm sioner that
| Wheeler said Ethier's pistol had two
| or three loads in it.
The defense offered the testimony
taken before the Commiss Toner in the
case as part of the cross-examination
It was ruled IL Q. it might be introduced
later n the case.
Redirect-The charge against me in
Silver City. New Mexico, in 1884 was
mansIaughter in the second degree; had
been drinking some the day or the ex-
animation before the Commissioner.
To defense-Had two or three drinks
that day; got it in drug store here in
Provo; don't know which one.
Hollow the day of the 7th; was at
Wheeler's saloon in the afternoon of
that day; know Leech, Flaherty, Either
and Donahue; saw them in the saloon
that afternoon; defendant said Flaherty
was
ONE OF THE LYNCHERs;
said he wasn't. He said he would see
him after a while.
To Cefense-First saw Flaherty at the
Beck mine. in the spring; he left Eureka
before the lynching and did not return
until after-some two months; at least
l did not see him in town for two
months; l was working at Dragon Hoi-
low and lived at Diamond; came into
Eureka about 5 O'Clock, and the lynch
ing took place between 10 and Ii o'clock
that night; sat on fence in town while
it went on; 1t was 2.15 o'clock when
entered the saloon that afternoon and
saw the defendant Either and Donshue,
FIaherty and Leech; looked at the
clock on the east end of the saloon;
could not have been more than two or
three seconds either way from Els
O'Clock; Either and Donahue were
talking. about 2.30 as had been there
about fifteen minutes; Either came up
to me and said there was one
of the lynchers over there. point
ing to Flaherty, who was sitting
alone; Either said, "I'n see him after
q while;" said he wasn't; did not tell
of it until after the shooting occurred;
denied that Either made threats against
Flaherty: dill not say so to anyone.
II G.. RENO, superinten It OF the
Mammoth miae-H ard of the shooting
of Flaherty;
HEARD TWO SHOTS
in thu evening; were ten or fifteen
minutes apart; was about 700 feet away
at my Office up the hill; knew Leech,
DonaL de and Flaherty; Donabue had
been drinking several days; was dis
charged and he got his time the
evening of the shooting; knew Bert
Either was not employed by the com
pany; 1 had conversation about ten
DAYS before that, in front of the Office
The jury retired while it was shown
whether the conversation was material.
1t was in effect, about thel ynchers, that